GIFT   OF 

14, 


ELECTION  LAW. 


ACT  NO.    49. 

By  Mr.  Kernan.  House  Bill  No.  37. 

(Chairman  of  Joint  Primary  Election  Committee.) 

AN  ACT. 

To  provide  for  calling,  holding,  conducting  and  regulating  of  primary 
elections ;  to  provide  that  it  shall  be  compulsory  that  all  nomina- 
tions to  be  made  by  any  political  party  for  candidates  for  the  office 
of  United  States  senator,  members  of  the  House  of  Representa- 
tives in  Congress,  all  State,  district  and  parochial  officers,  members 
of  the  Senate  and  House  of  Representatives  of  the  State  of  Louis- 
iana, and  of  city  and  ward  officers  in  all  cities,  towns  and  villages 
shall  be  made  "by  a  direct  primary ;  to  define  the  term  political  party 
under  this  Act ;  to  prescribe  the  qualifications  of  electors  participat- 
ing in  and  candidates  for  nomination  to  be  voted  for  at  said  primary 
election ;  to  prescribe  the  number  and  manner  of  choosing  commis- 
sioners who  shall  preside  over  and  conduct  said  election ;  to  provide 
the  time  and  manner  of  conducting  said  primary  election ;  to  provide 
for  the  defraying  the  expenses  of  said  primary  election  ;  to  provide 
the  duties  of  officers  to  whom  returns  are  to  be  made ;  to  prescribe 
what  are  offenses  against,  and  to  provide  penalties  for  violations 
thereof,  and  to  repeal  all  laws  or  parts  of  laws  in  conflict  therewith. 

Section  1.     Be  it  enacted  by  the  General  Assembly  of  the  State  of    AU  party  nomi- 

,.  nations    must   be 

Louisiana,  That  all  political  parties  shall  make  all  nominations  for  can- made  by  primary 

didates  for  the  United  States  Senate,  members  of  the  House  of  Rep- 
resentatives in  Congress,  all  State,  district,  parochial  and  ward  officers, 
members  of  the  Senate  and  House  of  Representatives  of  the  State  of 
Louisiana,  and  of  city  and  ward  officers  in  all  cities,  towns  and  villages 
by  a  direct  primary  election.  That  any  nomination,  of  any  person,  for 
any  of  the  aforementioned  offices  by  any  other  method  shall  be  illegal, 
and  the  Secretary  of  State  is  prohibited  from  placing  on  the  official 
ballot  the  name  of  any  person  as  a  candidate  for  any  political  party  not 
nominated  in  accordance  with  the  provisions  of  this  Act. 

Section  2.     Be  it  further  enacted,  etc.,    That  the  term  of  political    Definition  of  "po- 
party  as  used  in  this  Act  is  defined  to  be  a  political  party  that  shall  have 
cast  at  least  ten  per  centum  of  the  entire  vote  cast  for  Governor  at  the 
last  preceding  State  election. 

257180 


,v 


Section  3.     Be  it  further  enacted,  etc.,  That  the  State  Central  Corn- 

Date  of  meeting  mittee  of  the  political  parties  coming  within  the  provisions  of  this  Act 

committee.  shall,  on  the  first  Tuesday  in  October,   next  preceding  the  date  of  the 

general  State  election  held  in  the  State  for  Governor  and  all  other  State 

officials,  meet  and  issue  a  call  for-  a  primary  election  to  nominate   can- 

didates for  said  political  parties  for  Governor  or  other  State  officers  ; 

Date  of  primary  that  they  shall  select  a  date,  which  shall  not  be  less  than  70  and  not 
for  election   o  f 


and  mo™  tnan  90  da^s  prior  to  the  date  of  saicl  &eneral  State  election.     That 
not  more  than  90  in  the  year  in  which  the  General  Assembly  is  chosen,  which  will  elect  a 

days  prior  to  date 

of  election.  United  States  Senator,  the  State  Central  Committees  of  the  respective 

parties  coming  within  the  provisions  of  this  Act,  shall  direct  that  a 
primary  shall  be  held  to  select  a  candidate  or  candidates  for  the  United 
States  Senate,  at  the  same  primary  election  at  which  nominations  for 
State  officers  are  voted  for. 

Section  4.     Be  it  further  enacted,  etc.,  That  within  twenty  days  after 

Date  of  meeting  the  issuance  of  said  call  by  the  State  Central  Committee  for  said  primary 
of  district  and  par- 
ochial commit-  election  to  nominate  candidates  for  State  officers,   as  hereinbefore  pro- 

vided, the  respective  district  and  parochial  committees  shall  meet  and 
order  that  all  nominations  for  district,  parochial  and  ward  officers,  and 
members  of  the  General  Assembly  of  the  State  of  Louisiana  that  are 
required  by  law  to  be  voted  for  at  the  general  State  election,  shall  be 
made  by  direct  primary  on  the  same  date  and  at  the  same  places  at 
which  candidates  for  State  officers  are  voted  for. 

Section  5.     Be  it  further  enacted,  etc.,  That  the  Congressional  Dis- 

Date  of  meeting  trict  Committees  of  the  political  parties  coming  within  the  provisions  of 

committees.          this  Act  shall,  on  the  first  Tuesday  of  July  preceding  the  congressional 

elections,  meet  and  issue  a  call  for  a  primary  election  to  nominate  can- 

didates for  said  political  parties  for  members  of  Congress.     That  they 

shall  select  a  date  which  shall  not  be  less  than  sixty  and  not  more  than 

seventy  days  prior  to  the  date  of  the  said  congressional  election. 

Section  6.     Be  it  further  enacted,   etc.,  That  whenever  any  State, 

When  other  offl-  district,  judicial,  parochial  or  municipal  officers  are  to  be  elected  at  the 
cers    are    to    be 

elected  at  same  same  time  and  on  the  same  day  on  which  congressmen  are  to  be  elected, 
time   as  congres- 
sional election.      the  respective  committees  of  the  political  parties  having  authority  lor 

calling  elections  to  make  such  nominations,  shall  within  ten  days  after 
the  ordering  of  the  primary  election  to  nominate  candidates  for  Congress 
by  the  congressional  district  committee,  meet  and  issue  a  call  ordering 
and  directing  that  a  primary  election  be  held  to  make  nominations  for 
such  State,  district,  judicial,  parochial  or  municipal  officers  at  the  same 
time  and  at  the  same  places  at  which  the  congressional  primary  election 
is  held. 

Section  7.     Be  it  further  enacted,   etc.,    That  the  respective  com- 
mittees of  the  various  political  parties  having  authority  to  order  nom- 


inations  for  municipal  or  ward  officers  in  any  cities,   towns  or  villages    Date  of  primary 


where  the  election  of  such  officers  does  not  fall  on  the  same  date  at  which  warofflcers. 

a  general  State  election  for  State  officers  is  held,  or  on  the  same  date 

at  which  congressmen  are  elected,  shall  meet  ninety-one  days  prior  to 

the  date  of  holding  said  election  and  shall  order  a  primary  election  held 

to   nominate  candidates  for  said  municipal  and   ward  officers  not  less 

than  sixty  and  not  more  than  seventy  days  prior  to  the  date  at  which 

said  officers  are  to  be  elected. 

Section  8.  Be  it  further  enacted,  etc.,  That  whenever  a  special  Where  special 

election  is  to  be 

election  is  held  to  fill  a  vacancy  for  an  unexpired  term,  caused  by  death,  held  to  mi  a  va- 

cancy for  unex- 

resignation  or  otherwise,  of  any  officer,  the  respective  committees  having  pired  term. 

authority  to  call  primary  elections  to  nominate  candidates  for  said  office 
shall  have  full  authority  to  fix  the  date  at  which  a  primary  election  shall 
be  held  to  nominate  candidates  in  said  special  election,  which  date  shall 
not  be  less  than  ten  days  after  the  special  election  shall  have  been  or- 
dered. 

Section  9.     Be  it  further  enacted,   etc.,   That  the  qualifications  of    Qualification 
voters  and  of  candidates,  in  all  primary  elections  held  under  this  Act,  candidatesln^i- 
shall  be  the  same  as  now  required  by  the  Constitution  and  election  laws  m< 
of  this  State  for  voters  at  general  eleccions,   subject  to  an  additional 
political  qualification  which  may  be  prescribed  by  the  State  Central  Com- 
mittees of  the  respective  political  parties  coming  under  the  provisions  of 
this  Act  ;  the  repesctive  State  Central  Committees  of  the  respective  politi- 
cal parties  coming  under  the  provisions  of  this  Act  shall   meet   within 
sixty  (60)  days  after  the  promulgation  of  this  Act  and  then  fix  the  said 
additional  political  qualification  as  herein  authorized. 

Section  10.     Be  it  further  enacted,  etc.,  That  in  order  that  none  but    party  affiliation 
those  affiliating  with,  and  being  members  of  any  political  party  shall  voter  at  poll*8 
participate  in  any  primary  election  held  by  said  political  party  every 
person  offering  to  vote,  shall  be  asked  by  the  commissioners  of  election 
whether  or  not  he  is  a  member  of  such  political  party  and  whether  or  not 
he  will  support  the  nominees  of  said  primary  election  ;  and,  he  shall  not 
be  permitted  to  vote  unless  he  shall  answer  both  of  said  questions  in  the 
affirmative. 

Section  11.     Be  it  further  enacted,  etc.,  That  any  person  desiring  to    Time  of  offering 

to  be  a  candidate 
become  a  candidate  in  any  primary  election  held  under  the  provisions  in   primary  eiec- 

of  this  Act,  shall,  within  twenty  days  for  State  and  district  officers,  and 
within  ten  days  for  parochial  and  ward  officers,  etc.,  from  and  after  the 
issuance  of  the  call  of  the  said  committee  for  the  said  primary  election, 
file  with  the  respective  officers  hereinafter  designated,  his  written  noti- 
fication of  his  intention  to  become  a  candidate  at  such  primary,  accom- 
panied by  a  declaration  that  he  is  a  duly  qualified  elector  under  the  Con- 


stitution  and  Laws  of  this  State,  "and  that  he  is  a  member  of  the  party 
calling  said  primary  election." 

Section  12.     Be  it  further  enacted,  etc.,  That  all  candidates  for  nomi- 

nation for  United  States  Senator,  Congressman,  Governor,  Railroad  Com- 

missioner, Judge  of  the  Supreme  Court,   and  other  State  officers  voted 

for  throughout  the  entire  State  or  Congressional  or  Railroad  Commission 

Deposit    to    be  Districts  shall  file  written  notification  and  declaration  as  provided  for 

dates.  in  Section  11  of  this  Act,  with  the  Secretary  of  State,  and  as  an  evidence 

of  good  faith  all  such  candidates,  shall,  at  the  time  of  filing  said  notice, 
be  required  to  deposit  with  the  Secretary  of  State  the  sum  of  two  hun- 
dred and  fifty  dollars,  said  deposit  to  be  returned  on  promulgation  of  the 
returns  if  the  candidate  is  shown  to  have  received  at  least  ten  per 
centum  of  the  total  vote  cast  for  the  office  for  which  he  was  a  candidate, 
or,  if  he  dies  or  withdraws  by  written  communication  sent  to  the  Chair- 
man of  the  State  Central  Committee  prior  to  the  holding  of  the  said 
Primary  Election. 

Section  13.  Be  it  further  enacted,  etc.,  That  the  expense  of  primary 
election  held  under  this  Act  shall  be  apportioned  and  defrayed  as  fol- 
lows: 

printing  b  a  f  lo  t  s  (a)  Tne  expense  of  printing  ballots  and  the  furnishing  the  necessary 
stationery  and  other  election  supplies  for  the  primary  election  in  which 
candidates  for  United  States  Senator,  Congressmen,  Governor  and  other 


p£d°£?13  State  officers  who  are  voted  for   throughout  the  entire  State  or  Con- 


the  state.  gressional  Districts,  and  also  other  expenses  necessary  to  the  transmis- 

sion and  promulgation  of  the  returns,   shall  be  paid  by  the  State  of 
Louisiana,  in  the  same  manner  as  for  general  elections. 

(b)  That  the  expense  of  printing  ballots  and  furnishing  the  neces- 
Expense  of  all  sary  stationery  and  other  election  supplies  for  the  primary  election  in 

be   paid   for    by  which  candidates  for  all  other  offices  are  to  be  nominated,   shall  be  paid 
candidates.  ,       .,  ,.,    ,  ,.   .      ,.        .          .  . 

by  the  candidates  participating  in  said  primary. 

(c)  That  the  necessary  exoenses  incidental  to  the  holding  and  con- 
Expense  of  hold-  ducting  of  the  said  primary  elections,  such  as  payment  of  commissioners 

borne  by  parishes,  and  clerks  of  election,  rent  of  polling  places,  expenses  of  delivery  of  the 

viliiages.  ballot  boxes  and  supplies  to  and  from  the  polling  places,  [shall  be  borne 

by  the  respective  parishes,  cities,  towns  and  villages,  and  the  respective 

police^juries  and  municipal  authorities  shall  provide,   by  ordinance,   for 

their  payment. 

other  expenses         (d)     That  any  other~actual  expenses  necessary  and  incidental  to  the 
to  be  paid  by  can-      ... 
didates,  calling  and  holding  of  the  said  primary  election,  shall  be  borne  by  the 

candidates  participating  therein. 

(e)     That  the  respective  committees  authorized  under  this  Act  to 
Committees   to       ,, 

fix  sum  to  be  as-  call  primary  elections,  shall,  by  resolution^  adopted  at  the  same  meeting 
sessed    against,       1-1,1  .  n 

each  candidate,     at  which  they  called  said  primary,  fix  the  ^sums  assessed  against  each 


candidate  for  the  purpose  of  ^defraying  the  actual  expenses  to  be  borne 
by  him  as  hereinabove  provided  for,  and  the  amount  so  fixed  and  assessed 
shall  be  paid  by  the  candidate  at  the  time  of  filing  his  written  notifi- 
cation of  candidacy.  Failure  to  make  payment  as  herein  provided  will 
debar  any  such  candidate  from  having  his  name  placed  on  the  official  bai- 
lor for  such  primary  election  ;  provided,  that  such  amount  as  shall  remain 
unexpended  in  said  primary  election  shall  be  returned  to  the  various  can- 
didates in  proportion  to  the  amount  contributed  by^them.  ^1 

Section  14.     Be  it  further  enacted,  etc.,  That  the  primary  election    Ballots  for  u.  s. 
ballot  used  in  all  primary  election  for  United  States  Senators,  Congress-  g  r  e  s  s  m'e  n  and 
men,  Governor  and  other  State  officers  voted  for  throughout  the  entire  be*1  furnished*  by 
State  or  Congressional  Districts,  held  under  the  provisions  of  this  Act,  state.601 
shall  be  furnished  by  the  Secretary  of  State,  printed  upon  white  paper 
of  uniform  quality,  texture  and  size,  and  printed  in  black  ink.     At  the 
top  of  said  ballot  and  printed  in  large  capital  letters   shall  be  the  party    style  of  ballots 
designation,  then  shall  follow  the  number  of  the  primary  district  and 
location  of  polling  place.     Then  shall  follow  the  name   of  each  office, 
and  below  the  name  of  each  office,  in  smaller  capital  letters,   shall  fol- 
low the  names  of  all  candidates   (alphabetically  arranged  according  to 
surnames)  for  the  nominations  of  said  office  in  the  order  in  which  said 
list  of  officers  shall  be  arranged  by  the  respective  party  committees. 
The  names  of  all  candidates  shall  be  printed  in  type  of  uniform  size  and 
style,  and  in  a  vertical  column.     Immediately  following  and  opposite 
the  name  of  each  candidate,  on  the  same  line,  shall  be  printed  a  square 
space,  and  all  such  square  spaces  shall  .be  of  ^uniform  ksize.     Spaces  be- 
tween the  names  of  candidates  for  each  office  shall  be  uniform,   and 
sufficient  space  shall  separate  the  names  of  ^candidates]  for  one  office, 
from  the  names  of  candidates  for  another  office,  to  avoid  confusion. 

The  primary  ballot  shall  also  contain  the  ^names  of  candidates  for    Ballot  shall  also 
•delegates  to  the  State  Central  and  Congressional  District  Committees.  No  stat^Cen^rat  and 


primary  ballot  shall  be  used  unless  the  same  shall  substantially.  ^ 
with  the  requirements  of  this  Act,  and  any  ballot  not  in  accordance 
herewith'shall  be  void  for  all  purposes,  and  shall  not  be  received,  de- 
posited or  counted  by  any  person  or  commissioner  at  any  such  primary 
election.  No  person  shall  be  a  candidate  for  delegate]  to  the^State 
Central  or  Congressional  District  Committees  who  is  not  a  duly  qualified 
voter  therein. 

Section  15.     Be  it  further  enacted,  etc.,  That  the  Secretary  of  State    Distribution  o  f 
shall  send  a  sufficient  number  of  ballots,  together  with  a  sufficient  num-  tion  material  b\- 
ber  of  tally  sheets  and  "Cards  of  Instruction  for  the  Guidance  of  Voters"  stated  6 
to  the  respective  chairmen  of  the  respective  committees  in  each  of  the 
several  parishes,  so  as  to  be  received  by  them  at  least  three  days  pre- 


6 

vious  to  the  day  of  election.  The  same  shall  be  sent  in  sealed  packages, 
with  marks  on  the  outside  clearly  designating  the  polling  places  for 
which  they  are  intended  and  the  number  of  ballots  inclosed.  The  re- 
spective chairman  shall,  on  delivery  to  them  of  such  packages,  return 
receipts  therefor  to  the  Secretary  of  State.  The  Secretary  of  State 
shall  keep  a  record  of  the  time  when,  and  the  manner  in  which  the 
several  packages  are  sent  and  the  number  of  ballots  in  each  package, 
and  shall  preserve  same  for  the  period  of  six  months,  together  with  the 
receipt  of  the  said  chairman. 

Section  16.     Be  it  further  enacted,  etc.,    That  the  respective  corn- 
Distribution  o  f  mittees  shall  send  to  the  commissioners  of  each  voting  place,  before  the 
tion  material    to  opening  of  the  polls  on  the  day  of  election,   cards  of  instruction,   tally 
sioners  by  poiiti-  sheets,  blank  forms  and  the  set  of  ballots,  as  sealed  and  marked  by  the 
Secretary  of  State,  for  each  voting  place,  and  a  receipt  of  such  delivery 
shall  be  returned  to  them  from  the  commissioners  present,  which  receipt 
shall  be  kept  for  the  period  of  six  months.     At  the  opening  of  the  polls 
in  each  polling  place,  the  seal  of  the  package  shall  be  publicly  broken 
and  the  package  shall  be  opened  by  the  Commissioners,   and  the  ballots 
shall  be  delivered  to  the  Commissioners  of  election  hereinaftei  provided 
for.     The  cards  of  instruction  shall  be  immediately  posted  at  or  in  each 
voting  shelf  or  compartment,  provided  in  accordance  with  this  Act,  and 
not  less  than  three  such  cards  shall  be  immediately  posted  in  or  about 
the  polling  room. 

Section  17.     Be  it  further  enacted,  etc.,  That  in  case  the  ballots  to 

Duty    of  chair-  foe  furnished  to  any  voting  place  in  accordance  with  the  provisions  of 
man  of  committee 

to  provide  ballots  this  Act,  shall  fail,  for  any  reason  to  be  delivered,  or  in  any  case  after 
where  originals 

are  not  delivered  delivery   they  shall  be  destroyed  or  stolen,  it  shall  be  the  duty  of  the 

or  where  original 

ballots  are  lost  or  chairman  to  cause  other  ballots  and  cards  of  instruction  to  be  prepared 

destroyed. 

substantially  in  the  form  and  to  the  number  of  the  ballots  wanting  and 
to  be  furnished,  and  upon  receipt  of  such  other  ballots  from  him,  ac- 
companied by  a  statement  under  oath,  that  the  same  have  been  so  pre- 
pared and  furnished  by  him,  and  that  the  original  ballots  have  failed  to 
be  received  or  have  been  destroyed  or  stolen,  the  commissioners  shall 
cause  the  ballots  so  substituted  to  be  used  in  lieu  of  the  ballots  wanting, 
as  above. 

Section  18.     Be  it  further  enacted,   etc.,  That  the  officers  whose 

Polling    places;  ^uty   jt  js  to  designate  and  appoint  polling  places  throughout  the  State 

polling  booths  for 

secret  ballots.  shall  cause  the  same  to  be  provided  with  voting  shelves  and  compart- 
ments, known  as  polling  booths  in  which  voters  may  conveniently  and 
with  absolute  secrecy  mark  their  ballots ;  said  booths  to  be  similar  in 
character  to  those  used,  as  provided,  for  by  law,  in  regular  elections. 
That  the  officers  whose  duty  it  is  to  designate  and  appoint  polling  places/ 


in  cities  of  more  than  50,000  inhabitants,  shall  cause  the  same  to  be  pro- 
vided with  voting  shelves  and  compartments,  known  as  polling  booths, 
in  which  voters  may  conveniently  and  with  absolute  secrecy  mark  their 
ballots.  There  shall  be  in  each  polling  , place,  during  each  election,  a 
sufficient  number  of  voting  booths,  and  not  less  than  one  for  every  one 
hundred  voters  in  the  precinct.  Each  such  booth  shall  be  at  least  three 
feec  square,  shall  have  four  sides  enclosed,  each  at  least  six  feet  high, 
and  the  one  in  front  shall  open  and  shut  as  a  door  swinging  outwards, 
and  shall  extend  within  two  feet  of  the  floor.  Each  such  booth  shall 
contain  a  shelf  which  shall  be  one  foot  wide,  extending  across  one  side 
of  the  booth  at  a  convenient  height  for  writing,  and  shall  be  furnished 
with  such  supplies  and  conveniences,  includingjblack  ink,  pads,  blotting 
paper  and  pencils  having  black  lead  only,  as  '.will  enable  the  voters  to 
conveniently  prepare  their  ballots  for  voting.  Each  polling  booth  shall 
be  furnished  with  stamps'  or  dies  for  making  the  voting  mark  upon  the 
ballots,  and  shall  have  inking  pads  with  ink  of  uniform  color  and  quality. 
Each  booth  shall  be  kept  clearly  lighted,  while  the  polls  are  open,  by 
artificial  lights  if  necessary.  A  guard  rail  shall  be  placed  at  each  polling 
place  at  least  six  feet  from  the  ballot  boxes  and  the  booths,  and  no  ballot 
box  or  booth  shall  be  placed  within  six  feet  of  such  rail,  and  each  guard 
rail  shall  be  provided  with  a  separate  entrance  and  separate  exit.  The 
arrangements  of  the  polling  place  shall  be  such  that  the  booths  can  only 
be  reached  by  passing  within  the  guard  rail,  and  the  booths ;  ballot 
boxes,  commissioners  and  every  part  of  the  polling  places,  except  the 
inside  of  the  booth,  shall  be  in  plain  view  of  the  commissioners  and  of 
persons  just  outside  of  the  guard  rail.  Such  booths  shall  be  so  arranged 
that  there  shall  be  no  access  to  intending  voters  or  to  the  booths  through 
any  door,  window  or  opening,  except  by  the  door  in  front  of  said  booth. 

Section  19.     Be  it  further  enacted,  etc.,  That  the  primary  election    Election  tickets 
ballots  used  in  all  primaries  other  than  those  provided  for  in  Sections  §!  'state?  Sena- 
14,  15,  16  and  17,  shall  be  furnished   by  the  respective  committees  and  men8 'and°Ttlte 
shall  be  printed  in  the  manner  and  form  as  ballots  for  United  States  nished8  by  proper 
Senators,  Congressmen  and  State  officers,   and  shall  be  delivered  to  the 
commissioners  of  election  by  the  chairman  of  the  respective  committees, 
whose  duties  in  this  respect  shall  be  similar  to  those  provided  herein  for 
the  Secretary  of  State. 

Section  20.     Be  it  further  enacted,   etc.,  That  the  delivery  of  the    Delivery  of  such 

,.  i      .-       ballots  to  be  made 

primary  ballots,  stationery,  ballot  boxes  and  other  necessary  election  by  proper  commit- 

supplies  hereinbefore  required  to  be  made  by  the  respective  committees 
throughout  the  State,  shall  be  by  special  deputies  selected  by  said  com- 
mittees, whose  duty  it  shall  be  to  deliver  the  said  primary  ballots,  etc., 
to  the  commissioners  at  the  respective  polling  places  as  hereinbefore 
provided  for  in  Section  16.  That  the  duties  of  said  special  deputies  shall 


8 

be  the  same  as  those  of  the  special  deputy  sheriffs  appointed  under  the 
general  election  laws  of  this  State,  and  they  shall  take  an  oath  to  hon- 
•  estly  and  faithfully  perform  their  duties,  and  safely  deliver  said  boxes, 
tickets  and  election  supplies  to  the  respective  commissioners.  The  chair- 
man and  vice  chairman  of  all  committees  are  authorized  to  administer 
oaths. 

Section  21.  Be  it  further  enacted,  etc..  That  a  poll  shall  be  estab- 
^8"^  in  everv  voting  precinct  of  the  State,  as  now  or  may  hereafter 
be  fixed  and  established  by  law,  at  which  said  election  shall  be  held,  and 
the  polls  shall  be  opened  at  6  a.m.  and  shall  be  closed  at  7  p.m. 

The  location  of  said  polling  booths,  when  not  fixed  by  law,  shall  be 
selected  by  the  various  parish  committees  throughout  the  State. 

The  resPective  committees  in  the  several  parishes,  throughout  the 
State,  shall  cause  to  be  published  the  location  of  said  polling  booths  in 
the  official  journal  of  the  parish,  at  least  three  times  for  three  weeks 
preceding  the  day  of  the  election,  and  in  the  city  of  New  Orleans,  in 
any  of  the  daily  papers. 

t  ebn         Section  22.     Be  it  further  enacted,  etc.,  That  <no  voter  shall  be  al- 
!>f y  primary  Ve1ece  lowed  to  take  part  in  anv  Primary,  who  shall  not  have  registered  at  least 

lion:  duty  of  Reg- ten  days  prior  to  the  date  of  the  primary  election  held  under  this  Act. 
iswcir. 

That  seven  days  prior  to  every  primary  election,  the  Registrars  of  Voters 
throughout  the  entire  State  shall  make  a  complete  list  of  all  registered 
voters  in  every  voting  precinct  in  the  parish,  certify  to  the  same,  and 
within  three  days  before  the  primary  election,  deliver  the  same  to  the 
respective  parish  committees  of  the  party  holding  the  said  primary 
election,  without  any  cost  or  charge  whatsoever. 

Duty  of  Sheriffs         That  the  sheriffs  of  the  several  parishes  throughout  the  State,  and 
and  City  Treasur- 
er to  furnish  listof  the  City  Treasurer  of  the  city  of  New  Orleans,  shall,  three  days  before 
poll  tax  payers. 

the  date  of  any  primary  election  held  under  this  Act,  deliver  to  the 
several  parish  committees  .throughout  the  State,  lists  of  persons  who 
have  paid  their  poll  taxes  for  the  two  years'preceding  the  year  in  which 
the  primary  is  held.  That  the  number  of  lists  of  poll  taxes  so  to  be 
delivered  shall  be  one  for  each  voting  precinct  as  fixed  by  law  in  said 
parish.  That  these  lists  shall  Lbe  'delivered  and  furnished  free  of  all 
charges  and  expense. 

Ballot  boxes,  list         That  the  said  respective  parish  committees  shall  transmit  by  the 
of  poll  tax  payers, 

"nd  list  of  regis-  special  deputy  selected  by  them  to  deliver  ballot  boxes,   etc.,   to  each 
i  ered  voters  to  be 


aeiiveredto  elec-  polling  precinct  the  list  of  the  registered  [voters  for  said  precinct,    so 

t  on    commission- 

<-rs.  furnished  him  by  the  Registrar  of  Voters  of  his  parish  as  hereinbefore 

provided  for,  and  also  the  list  of  all  persons  wro  have  paid  their  poll 
taxes  so  furnished  to  them  by  the  sheriff  or  city  treasurer,  as  the  case 
may  be. 


9 

The  sheriffs  throughout  the  State,  and  the  Civil  Sheriff  in  the  Parish 
of  Orleans  shall  deliver  to  the  respective  parish  committees,  of  parties 
holding-  primaries  under  this  Act,  a  sufficient  number  of  ballot  boxes  for 
each  and  every  polling  precinct. 

Section  23.  Be  it  further  enacted,  etc.,  That  each  pjll  shall  be  pre- 
sided over  by  three  commissioners  of  election,  and  at  each  poll  there 
shall  be  two  clerks. 

The  said  commissioners  shall  be  selected  as  hereinafter  provided,  Commissioners 

clerks  of  election 

and  shall  be  commissioned  in  each  parish  by  the  chairman  of  the  re- and  watchers; 

method  of  select- 

spective  parish  committee  for  such  parish.     In  case  of  the  absence,  in-  ing. 

ability  or  refusal  of  such  chairman  to  ace,  they  shall.be  commissioned 
by  the  vice  chairman.  These  election  officers  shall  possess  the  same 
qualifications  as  are  required  by  the  voters  at  the  polls  at  which  they 
shall  preside,  and  said  commissioners,  clerks  and  special  deputy  sheriffs 
shall  receive  the  same  compensation  as  is  paid  to  commissioners  of  elec- 
tion at  elections  held  under  the  general  election  laws  of  the  State. 

The  commissioners  of  election  shall  be  selected  as  follows,  to  wit : 
That  in  any  election  held  under  this  Act,  that  each  and  every  local 
candidate  in  each  parish  in  this  State,  shall  submit  to  the  respective 
parish  committee  of  said  parish  at  least  fifteen  days  prior  tc  the  date 
on  which^any  primary  election  is  to  be  held,  under  this  Act,  the  name 
of  one  duly  qualified  voter,  to  act  as  a  commissioner  of  election,  for  each 
and  every  voting  precinct  in  said  parish  that  fourteen  days  prior  to  the 
date  on  which  the  primary  election  is  to  be  held,  at  12  o'clock  noon,  the 
respective  parish  committees  in  each  parish  throughout  the  State,  shall 
be  regularly  convened  and  they  shall  proceed  to  select  from  the  various 
names  submitted  to  them  by  the  candidates,  as  aforesaid,  three  com- 
missioners of  election  to  preside  over  the  election  at  each  and  every  vot- 
ing precinct  in  the  said  parish,  and  the  two  clerks,  in  the  following 
manner,  to  wit : 

The  said  parish  committee  shall  take  the  names  submitted  to  them 
for  each  particular  precinct  by  the  candidates  aforesaid,  write  each 
name  so  submitted  on  a  sseparate  piece  of  white  paper,  of  equal  and  uni- 
form size,  and  place  the  various  slips,  so  made  up,  in  a  hat  or  some 
other  receptacle  without  folding  them ;  the  committee  shall  select  some 
person  to  draw  five  of  said  slips,  so  placed  in  the  hat  or  other  receptacle, 
and  the  persons  whose  names  are  written  on  the  first  three  slips  so  se- 
lected shall  be  the  commissioners  of  election  to  preside  over  the  particu- 
lar voting  precinct,  and  the  other  two  shall  be  the  clerks  of  election, 
and  the  balance  of  the  names  remaining  undrawn  shall  be  commissioned 
as  watchers,  and  they  shall  have  all  the  authority  and  powers  conferred 
on  watchers  by  the  general  election  law ;  that  the  person  Delected  to 


10 

draw  the  said  five  slips  from  the  hat  or  other  receptacle  shall  be  blind- 
folded at  the  time  of  and  during  the  drawing :  that  the  drawing  shall  be 
public  and  in  the  presence  of  the  committee  and  such  spectators  as  may 
desire  to  be  present,  and  said  drawing  must  be  done  at  the  courthouse, 
in  each  and  every  parish  of  the  State,  and  in  the  city  of  New  Orleans, 
at  the  Civil  District  Court. 

That  the  commissioners  and  clerks  of  election  for  each  precinct, 
shall  be  drawn  separately,  that  is,  one  precinct  at  a  time  until  the  com- 
missioners and  clerks  of  election  for  each  and  every  precinct  in  the 
parish  have  been  thus  selected. 

In  the  event  at  any  primary  election  held  to  nominate  candidates  for 
thl??are  no^oca!  State  offices»  district  offices  and  Congress,  there  should  be  no  local  offi- 
cers to  be  nominated  at  the  same  time,  the  respective  candidates  for  the 
State  offices,  District  offices  or  Congress,  shall  send  in  to  the  various 
parish  committees  the  name  of  one  duly  qualified  voter,  under  this  act 
for  each  and  every  precinct  in  the  parish,  as  is  hereinbefore  provided 
for  local  candidates  to  do,  and  the  commissioners  of  election  and  clerks 
shall  be  drawn  in  the  same  manner  from  these  names  as  hereinbefore 
provided  in  this  section. 

Definition  of  "lo-         That  the  term  "local  candidate"  used  herein,  in  this  section,   is  de- 
cal  candidate." 

fined  to  be  any  candidate  for  any  parish  or  municipal  office,  except  those 

of  Justice  of  the  Peace  or  Constable. 

ing  commissioners  In  case  no  commissioners  of  election  or  clerks  shall  have  been  se- 
commissioners lected,  or,  if  none  of  those  who  have  been  selected,  be  present  within 
are  not  present.  one  hour  after  the  time  fixed  for  the  opening  of  the  poll,  the  voters  of 
the  party  holding  the  primary,  present  at  such  precinct,  shall  hold  a 
meeting  and  elect  the  commissioners  to  preside  at  the  election,  who 
shall  perform  all  duties  of  the  regularly  selected  commissioners  and 
clerks.  Should  any  one  of  the  commissioners  selected  be  present,  he 
shall  select  another,,  and  both  together  shall  select  a  third  and  two 
clerks  as  above  provided  ;  the  commissioners  so  selected  shall  take  the 
oath  and  perform  all  the  duties  of  commissioners  of  election  in  the  same 
manner  as  if  they  had  been  selected  as  hereinbefore  provided. 

by  commissioners  Before  entering  upon  the  discharge  of  their  duties,  the  commis- 
sioners of  election  shall  swear  each  other,  and  the  clerks,  to  faithfully, 
honestly  and  impartially  conduct  the  election. 

Tne  same  Power  and  authority  vested  in  every  commissioner  by  the 
general  election  laws  of  the  State  is  hereby  conferred  upon  the  commis- 
sioners conducting  any  primary  election  under  this  Act.  It  shall  be  the 
duty  of  the  commissioners  and  the  clerks,  at  each  polling  place,  to  keep 
duplicate  lists  of  the  persons  voting  at  such  voting  place,  which  lists 


11 

shall  be  numbered  consecutively  fro;n  one  to  the  end,  and  such  lists  so 
kept  and  numbered  shall  be  signed  and  sworn  to  as  correct,  by  them, 
immediately  upon  closing  the  polls,  and  before  opening  the  ballot  boxes. 
One  of  the  lists  shall  be  deposited  in  the  ballot  box,  with  the  ballots, 
after  the  count  has  been  made,  and  the  other  shall  be  transmitted,  with 
the  returns,  to  the  Secretary  of  State  in  primary  elections  held  for 
United  States  Senators,  Congressmen,  and  State  officers  who  are  voted 
for  throughout  the  State  and  in  all  other  primary  elections,  and  to  the 
Tespective  chairmen  of  the  committees  ordering  the  primary  election. 

Immediately  after  the  closing  of  the  polls   and   the   signing   and    Same, 
swearing  to  the  poll  lists,  the  commissioners  shall  proceed  to  publicly 
canvass  the  votes ;  they  shall  make  tally  sheets  in  duplicate,   and  shall 
tabulate  the  votes,  and  sign  the  same  and  swear  to  their  correctness, 
and  publicly  announce  the  result  to  the  bystanders. 

The  returns  in  all  primary  elections  shall  be  made  as  follows : 

In  primary  elections  held  for  United  States  Senators,  Congressmen  Method  of  mak- 
and  State  officers  voted  for  throughout  the  entire  State,  and  respective 
congressional  districts,  commissioners  of  election  shall  deposit  one  of 
the  tally  sheets  and  one  of  the  poll  lists,  signed  and  sworn  to  as  herein- 
before provided,  in  the  ballot  box,  and  the  other  duplicate  poll  list  and 
tally  sheet,  signed  and  sworn  to  as  hereinbefore  provided,  shall  be  placed 
in  a  sealed  envelope  directed  to  the  Secretary  of  State  at  Baton  Rouge, 
La.,  and  immediately  forwarded  to  him  through  the  United  States  mail. 

In  all  other  elections  held  under  this  Act,  the  returns  shall  be  made 
as  hereinbefore  provided,  except  that  the  duplicate  tally  sheet  and  the 
poll  list,  hereinbefore  required  to  be  forwarded  to  the  Secretary  of  State, 
shall  be  placed  in  a  sealed  package  addressed  to  the  chairman  of  the 
respective  committees  ordering  the  said  primary,  and  be  delivered  to 
him,  in  person,  by  the  commissioners  of  election. 

In  any  year  when  other  officers,  district,  parochial,  ward  or  muni-  same, 
cipal  are  to  be  nominated  at  the  same  time  and  at  the  same  polling 
places  as  United  States  Senators,  Congressmen,  Governor  and  other  State 
officers  who  are  to  be  voted  for  throughout  the  entire  State  or  congres- 
sional districts,  an  additional  poll  list  shall  be  made,  and  the  tally  sheets 
for  such  district,  ward,  parochial  or  municipal  officers  shall  be  separate 
from  those  for  United  States  Senator,  Congressmen,  Governor  and  other 
State  officers,  and  this  additional  poll  list  shall  be  delivered  to  the 
chairmen  of  the  respective  committees  ordering  the  district,  parochial, 
ward  or  municipal  election  as  aforesaid. 

And  when  district,  ward,  parochial  or  municipal  officers  are  to  be     game. 
nominated   as  aforesaid,  at  the  same   time  as    United  States  Senators, 


12 

Congressmen,  Governcr  and  other  State  officers,  there  shall  be  separate 
ballot  boxes,  one  for  the  purpose  of  depositing  the  ballots  cast  for  said 
United  States  Senators,  Congressmen,  Governor  and  other  State  officers, 
and  one  for  depositing  said  district,  parochial,  ward  and  municipal 
ballots. 

Same.  The  ballot  boxes  containing   the  ballots,    poll   list  and   tally   sheet 

shall  be  carefully  sealed  after  the  count  shall  have  been  completed  and 
the  returns  signed  and  sworn  to,  shall  be  deposited  with  the  respective 
clerks  of  the  district  courts  throughout  the  State,  and  in  the  Parish  of 
Orleans,  with  the  Clerk  of  the  Criminal  District  Court,  by  the  commis- 
sioners of  election. 

Manner  of  vot-         Section  24.     Be  it  further  enacted,  etc.,  That  any  person  desiring  to 
ing. 

vote  shall  give  his  name,  occupation  and  registration  papers  (if  such  be 

provided  for)  to  any  one  of  the  commissioners,  who  shall  thereupon  an- 
nounce the  same  in  a  loud  and  distinct  tone  of  voice,  clear  and  audible, 
and,  if  such  name  is  found  on  the  registration  list  by  the  commissioner 
having  charge  thereof,  he  shall  likewise  repeat  the  same.  The  commis- 
sioner shall  give  the  applicant  one,  and  only  one  ballot,  and  his  name 
shall  be  immediately  checked'on  said  list,  and  shall  also  be  entered  on  a 
poll  list,  hereinbefore  provided  for,  before  he  deposits  his  ballot  in  the 
box.  On  receiving  his  ballot  the  voter  shall  forthwith,  and  without 
leaving  the  enclosed  space,  retire  to  the  place  provided  for  the  prepara- 
tion of  his  ballot,  and  designate  his  choice,  by  stamping  or  making  a 
cross,  in  ink  or  with  lead^pencil^in  the  voting  space  to  the  right  of  and 
opposite  to  the  name  or  names  of  the  candidates  he  desires  to  support 
for  the  particular  office  for  which  they  have  offered.  The  voter  shall  be 
at  liberty,  if  he  is  unable  to  prepare  his  own  ballot,  to  call  upon  one  of 
the  commissioners  or  clerks  of  election  to  assist  him.  If  a  voter  tear,, 
soil,  or  deface  a  ballot  so  that  it  cannot  be  used,  he  may  successively 
obtain  others,  one  at  a  time,  not  exceeding  in  all  three,  upon  returning1 
each  ballot  so  torn,  soiled  or  defaced  to  the  commissioners. 

That  any  voter  or  commis^oiner  who  shall,  except  as  hereinbefore 
provided,  allow  his  ballot  to  be  seen  by  any  person  with  an  apparent  in- 
tention of  letting  it  be  known  how  he  is  about  to  vote,  or  place  any  dis 
tinguishing  mark  upon  his  ballot,  or  who  shall  rrake  a  false  statement 
as  to  his  inability  to  mark  this  ballot,  or  any  person  who  shall  interfere 
or  attempt  to  interfere  with  any  voter  when  inside  said  enclosed  space  or 
when  marking  his  ballot,  or  who  shall  endeavor  to  induce  any  voter  be- 
fore voting  to  show  how  he  is  about  to  mark,  or  has  marked  his  ballot, 
or  otherwise  violates  any  of  the  provisions  of  this  act,  shall  be  punished 
in  accordance  with  Section  31  of  this  Act. 


13 

Section  25.  Be  it  further  enacted,  etc.,  That  in  all  elections  where  Duty  of  Secre- 
tary of  State  to 

returns,  are  by  this  act  provided  to  be  made  to  the  Secretary  of  State,  promulgate 

returns. 

he  shall  immediately  proceed  to  tabulate,  and  compile  the  same,    and 

shall  within  ten  days  after  the  date  of  said  primary  election  promulgate 
same  in  the  official  journal  of  the  State,  and  shall  "orward  a  certified 
copy  thereof,  under  his  signature  and  seal  of  office  to  the  chairman  of 
the  committee  of  the  party  ordering  the  primary. 

That  within  five  days  after  the  promulgation  of  the  said  returns,   if    Method  of  pro- 
testing returns  by 
any  candidate  should  feel  aggrieved  at  the  result,  he  shall  have  a  right  candidates. 

to  protest  against  the  result  as  set  forth  in  the  promulgation,  as  herein- 
before provided  for,  by  presenting  a  petition  to  the  respective  commit- 
tee ordering  the  said  primary  by  filing  with  the  chairman  of  the  said 
committee  a  written  protest  setting  forth,  clearly  and  distinctly,  his 
grounds  jf  protest.  That  on  the  fifteenth  day  after  the  day  of  the  hold- 
ing of  tne  said  primary  election,  at  12  o'clock  noon,  the  respective  com- 
mittee ordering  said  primary  shall  reconvene  at  the  same  place  as  it  met 
when  it  ordered  the  said  primary  and  proceed  to  immediately  hearj  and 
determine  said  protest  within  three  days,  provided,  however,  that  any 
candidate  feeling  aggrieved  by  the  decision  of  the  committee  shall  have 
the  right  to  have  same  reviewed  by  a  court  of  competent  jurisdiction, 
and,  provided,  further,  that  hp.  shall,  within  twenty-four  hours  after  the 
decision  of  the  committee,  apply  to  said  court,  which  shall  issue  a  rule 
requiring  the  person  declared  by  the  committee  to  be  the  nominee  of 
the  party,  to  show  cause,  within  forty-eight  hours,  why  the  action  of  the 
committee  should  not  be  reversed  and  set  aside  and  the  relief  asked  for 
granted,  which  rule  shall  be  tried  and  decided,  and  the  judgment  there- 
on signed,  either  in  open  court  or  at  chambers,  within  three  days  there- 
after. An  appeal  from  such  decision  may  be  granted  on  simple  motion 
without  citation,  and  shall  be  heard  on  the  original  record  and  testi- 
mony and  finally  decided  within  five  days  from  the  rendition  ^of  the 
judgment  of  the  court  of  first  instance ;  and  should  said  case  not  be  so 
finally  decided  on  appeal  within  said  delay,  then  the  decision  of  said  com- 
mittee shall  be  final  and  effective.!^ 

In  case  any  candidate  should  fail  to  receive  a  majority  of  the  votes  Second  primary 
asrtj'or  the  office  for  which  he  is  a  candidate,  a  second  primary  election 
shall  be  held,  with  the  same  election  officers  and  at  the  same  places  as 
the  first  primary  was  held,  four  weeks  from  the  date  of  the  said  first 
said  primary ;  the  expenses  of  the  second  primary  are  to  be  borne  in  the 
same  manner  as  those  of  the  first  primary,  hereinbefore  provided  for. 

At  the  second  primary  election   no  one  can  be  a  candidate  except    TWO  highest 

candidates  only  to 
the  two  peisons  who  have  received  the  highest  number  of  votes  at  the  participate. 

first  primary  election,   for  the  office  for  which  they  were  candidates. 


14 

The  returns  shall  be  made  and  the  votes  canvassed  and  compiled,  and 
the  results  declared  and  promulgated  as  is  hereinbefore  provided  for  the 
first  primary. 

0San<S-  In  Case  of  failure  to  elect  because  of  the  fact  that  no  candidate  re- 
run7gainClineS  tO  ceives  a  maJ°rity  °f  the  votes  cast  for  the  office  for  which  he  is  a  can- 
didate, should  one  of  the  two  persons  receiving  the  highest  number  of 
votes  decline  to  continue  his  candidacy,  then  the  other  who  shall  have 
received  the  highest  number  of  votes  shall  be  declared  to  be  the  nominee 
of  the  party. 

Where    tabula-         That  in  all  elections,  where  returns  are,  by  this  act,  provided  to  be 
tion  of  returns  are 

to  be  made  by  pro- made  to  the  respective  chairmen  of  the  respective  committees  ordering 
per  committee. 

the  said  primary,  it  shall  be  the  duty  of  the  said  chairman,  immediately 

upon  receiving  the  said  returns,  to  at  once  open  the  same  and  cause 
same  to  be  tabulated  and  compiled,  and  at  12  o'clock  noon  on  the  third 
day  after  the  primary,  the  said  committee  "ordering  same  shall  recon- 
vene at  the  same  place  and  the  chairman  thereof  shall  submit  to  it  the 
tabulated  statement  showing  the  result  of  the  said  primary,  together 
with  the  original  returns  received  by  him. 

Methods  of  pro-         That  any  candidate  feeling  aggrieved  at  the  result  of  the  said  pri- 
testing  returns  by 
candidates.  mary  shall  then  and  there  file  his  written  protest  setting  forth  in  detail, 

clearly  and  distinctly,  his  grievances,  and  the  committee  shall  immedi- 
ately proceed  to  hear  and  decide  the  same  and  proclaim  the  results  of 
said  primary,  provided,  however,  that  any  candidate  feeling  aggrieved 
by  the  decision  of  the  committee  shall  have  the  right  to  have  same  re- 
viewed by  a  court  of  competent  jurisdiction,  and  the  procedure,  trial 
and  appeal  shall  be  the  same  as  hereinbefore  provided  for  review  of  de- 
cisions rendered  by  committees  in  relation  to  nomination  of  candidates 
for  State  officers. 

Second  primary.  That  after  the  committee  has  met  and  proclaimed  the  results  as 
hereinbefore  provided,  and  it  shall  be  found  that  any  candidate  failed 
to  receive  a  majority  of  the  votes  cast  for  the  office  for  which  he  was 
a  candidate,  a  second  primary  shall  be  held,  with  the  same  election  offi- 
cers and  at  the  same  places  as  the  first  primary  was  held,  and  on  the 
same  date  as  the  second  primary  for  State  officers  or  congressmen ;  if 
there  be  no  second  primary  for  State  officers  or  congressmen,  or  the 
first  primary  be  held  at  a  time  when  neither  State  officers  or  congress- 
men shall  be  voted  for,  then  the  second  primary  shall  be  held  fourteen 
days  from  date  of  the  said  first  primary.  The  expenses  of  the  second 
primary  shall  be  apportioned  and  paid  for  in  the  same  manner  as  those 
of  the  first  primary,  hereinbefore  provided  for. 

TWO   highest         At  the  second  primary  election   no  one  can  be  a  candidate  except 

candidates  only  to 

participate.  the  two  persons  who  have  received  the  highest  number  of  votes  at  the 


15 

first  primary  for  the  office  for  which  they  were  candidates.  The  returns 
shall  be  made  and  the  votes  canvassed  and  compiled,  and  the  results  de- 
clared and  promulgated,  as  hereinbefore  provided  for  the  first  primary. 

The  same  provisions  for  withdrawals  as  applies  to  candidates  in  the    where   one   of 
primaries  for  the  United  States  Senator,  members  of  the  House  of  Rep-  dates^edines^to 
resentatives  in  Congress,  Governor  and  other  State  officers,    voted  for  to  run  a^ain- 
throughout  the  entire  State  and  respective  congressional  districts,  shall 
govern,  in  case  any  candidate  at  this  primary  desires  to  withdraw  from 
the  second  primary. 

Section  26.  Be  it  further  enacted,  etc.,  The  State  Central  Com-  state  Central 
mittes  and  all  other  subordinate  or  local  committees  of  all  the  political  subordinat^  com- 
parties  coming  within  the  provisions  of  this  Act,  as  now  constituted,  are 
hereby  recognized  as  the  legal  committees  and  the  governing  authoriti 
of  the  said  political  parties. 

That  the  members  thereof  shall  hold  their  offices  as  members  of  the 
said  committees  for  the  term  for  which  they  have  been  already  elected. 
That  they  are  authorized  to  make  any  rules  and  regulations  for  their 
government  not  in  conflict  with  any  provisions  of  this  Act.  That  the 
State  Central  Committees  of  all  political  parties,  as  now  constituted, 
shall  direct  and  order  how  all  subordinate  or  local  committees  shall  be 
organized  and  constituted,  fix  their  number,  regulate  their  term  of 
office,  provided  same  shall  not  be  for  a  longer  term  than  four  years, 
and  the  time  of  their  election,  provided,  however,  that  the  members  of 
all  committees  shall  be  elected  in  a  direct  primary. 

That  the  State  Central  Committee  of  all  political  parties  in  this  State    s  t  a  t  e  Central 
shall  consist  of  one  member  from  each  parish  and  one  member  from  ^e°™edtee:  h  °  w 
each  of  the  wards  of  the  Parish  of  Orleans,  and  three  members  at  large 
from  each  congressional^district  to  be  voted  for  within  their  respective 
congressional  districts,  and  shall  be'elected  by  the  voters  of  the  party 
at  the  same  primary  election  held  to  nominate  candidates  for  Governor 
and  other  State  officers  who  are  to  be  voted  ^for  throughout  the  entire 
State. 

Section  27.     Be  it  further  enacted,   etc.,  That  no  one  who  partici-    participants   in 
pates  in  the  primary  election  of  any  political  party,  shall  have  the  right  precfuded 


to  participate  in  any  primary  election  of  any  other  political  party,   with  Othergnom?nations 
a  view  of  nominating  opposing  candidates,  nor  shall  be  permitted  to  sign 
any  nomination  papers  for  any  opposing  candidate  or  candidates  ;  nor 
shall  he  be  permitted  to  be  himself  a  candidate  in  opposition  to  any  one 
nominated  at  or  through  a  primary  election  in  which  he  took  part. 


Section  28.  Be  it  further  enacted,  etc.,  That  in  the  event  that  after  where  only  one 
the  date  has  passed  on  which  candidates  are  allowed  to  enter  and  file  no'primary  neces- 
their  notification  in  any  primary  under  this  Act,  it  shall  be  found  thatsar>> 


16 

there  be  but  one  candidate  for  any  particular  office  for  which  the  pri- 
mary has  been  called,  the  respective  committee  ordering  said  primary 
shall  then  be  immediately  convened,  and  the  person  so  entering  and  be- 
ing thus  unopposed  shall  be  declared  to  be  the  nominee  of  the  party 
that  has  ordered  said  primary,  for  the  particular  office  for  which  he  has 
offered,  without  the  necessity  of  holding  a  primary  election  for  said 
office. 

How  vacancies         Section  29.     Be  it  further  enacted,  etc.,  That  all  vacancies  caused 

among    nominees 

shall  be  filled.  by  death,  resignation  or  otherwise  among  the  nominees  selected  by  any 
political  party,  under  the  provisions  of  this  Act,  shall  be  filled  by  the 
committee  which  has  jurisdiction  over  the  calling  and  ordering  of  the 
said  primary  election. 

Police \9fflcer  to         Section  30.     Be  it  further  enacted,  etc.,  That  it  shall  be  the  duty  of 

each  polling  place  the  chief  executive  officers  of  the  police  force  of  each  city  or  town,   to 
in  cities  and  towns  , 

detail  one  police  officer  who  shall  be  stationed  at  each  polling  place  on 

the  day  of  election,  to  preserve  order  and  to,  protect  each  and  all  of  said 
election  officers  from  any  interference  with,  or  obstruction  in  the  per- 
formance of  their  respective  duties,  and  to  aid  in  enforcing  the  provis- 
ions of  law  relating  to  elections,  and  said  police  officers  so  detailed, 
shall  be  subject  to  the  orders  of  the  commissioners  of  election  only,  and 
said  police  officer  so  detailed,  shall  not,  under  any  circumstances,  in- 
terfere with  voters,  or  with  the  conduct  of  said  election,  or  with 
the  election  officers  or  watchers,  and  shall  be  under  the  exclusive 
orders  of  the  commissioners  in  charge  of  said  poll  from  time  of  the 
opening  of  the  polls  to  the  completion  of  the  count,  and  the  said  officer 
shall  not  be  permitted  to  enter  the  barrier  or  railing  at  the  polling  place 
except  for  the  purpose  of  casting  his  vote,  or  of  executing  orders  and 
instructions  given  him  by  the  Commissioners  of  Election. 

Barrooms  with-         That  all  bar-rooms,   cabarets  and  coffee-houses  and  places  where 

tioifbooth0 to1^  ^^uors  are  kept,   within  one  mile  of  any  ward  or  precinct  where  an 

closed  on  election  election  is  being  held,  shall  be  and  remain  closed  during  the  day  of  [an 

election  until  twelve  o'clock  P.  M.,  and  no  liquors  shall  be  sold  or  given 

away  on  election  day  within  the  above  specified  limits.     Commissioners 

of  Election  are  hereby  authorized  to  enforce  this  provision  and  to  call 

upon  and  direct  the  police  officers  to  discharge  their  full  duties  in  every 

particular. 

Prohibiting  the         Whoever,  in  a  polling  place  has  in  his  possession  any  intoxicating 
Squor^nXpoiiing  liquor,  shall  be  deemed  guilty  of  disorderly  'conduct,   and  the  commis- 
sioner shall  order  such  person  to  remove  such  liquor,   or  to  ^withdraw 
himself  from  such  place,  and  on  his  refusing  or  neglecting  to  obey  such 
order,  shall  direct  any  police  officer  or  other  person  present,to  take  him 
rom  the  place  and  confine  him  in  some  convenient  place  until  the  elec- 


17 

tion  is  completed.  The  person  so  refusing  shall,  for  each  such  offense 
be  punished  as  provided  in  Section  31  of  this  Act. 

Section  31.     Be  it  further  enacted,  etc.,  That  any  officer,    (whether    Penalty  for  any 

officer  refusing  to 
State,  parochial  or  municipal),  or  any  person  or  member  of  any  commit- perform  his  duty. 

tee,  or  any  commissioner,  clerk  or  special  deputy  of  any  political  party 
coming  under  the  provisions  of  this  Act,  who  shall  willfully  refuse  to 
perform  any  duty  imposed  upon  him,  by  any  of  the  provisions  of  this 
act,  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  fined  not  less  than  $50.00  and  not  more  than  $500.00,  and  be  impris- 
oned for  not  less  than  two  months  and  not  more  than  one  year  in  the 
parish  jail,  and  shall  be  ineligible  for  four  years  to  hold  any  office  of 
trust  or  profit  in  this  State. 

Section  32.     Be  it  further  enacted,  etc.,  That  any  person  offering  to    Penalty    for 
vote,  who  shall,  under  oath  administered  by  any  of  the  commissioners  answer, 
of  such  election,  willfullv,  untruly  or  falsely  answer  any  pertinent  ques- 
tion asked  by  any  election  commissioner,  or  make  mis-statements,   in- 
tended to  mislead  and  to  deceive  the  Commissioners  of  Election,  for  the 
purpose  of  voting,  shall  be  deemed  guilty  of  a  misdemeanor,   and  upon 
conviction  thereof,  shall  be  punished  as  provided  for  in  Section  31  of 
this  Act. 

Section  33.     Be  it  further  enacted,  etc. ,  That  if  any  commissioner,     Penalty  for  any 
clerk,  or  any  other  officer  whatever,  assisting  or  engaged  in  conducting  designedly  °Snft- 
any   election  or  charged  with  [any  duty  in  reference  to  any  .election,  officiaTduty!    any 
shall  designedly  omit  to  do  any  [official  duty  required  by  law ;  or  de- 
signedly do  any  illegal  act  in  relation  to  any  general  or  special  primary 
election  by  which  act  or  omission  the  votes  taken  at  any  such  election 
in  any  district  shall  be  lost,  or  the  electors  thereof  shall  be  deprived  of 
their  suffrage  at  such  election,   or  shall  designedly  do  ^any  act  which 
shall  render  such  election  void,  or  shall  be  guilty  of  any  corrupt  conduct 
or  partiality  in  his  official  capacity  at  such  election,  he  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall  be  [punished  as 
provided  for  in  Section  31^of  this  Act. 

•M Section  34.     Be  it  further  enacted,  etc.,  That  any  [person  who  shall    penalty  for  vot- 

vote  pr  who  shall  offer  to  vote  at  any  primary  election  held^under'this lni 

Act,  who  has  voted  at  the  same  or  at  any  otherTprccinctj^on  the  [same 

day,  and  for  the  same  purpose,  shall  be  deemed  guilty  of  a  misdemeanor, 

and  upon  conviction  thereof,  shall  be  punished  as  provided  for  in  Section 

31  ot  this  Act. 

Section  35.  Be  it  further  enacted,  etc.,  That  any  'commissioner  or  Penalty  for  elec- 

ti9n  officer  pei- 

clerk  at  any  primary  election  who  shall  knowingly  permit  any  f raudu- mitting fraudulent 

voting. 

lent   vote  to  be  cast,  or  who  shall  knowingly  receive  or  deposit  in  the 


18 

ballot  box  a  ballot  offered  by  any  person  not  qualified  to  vote,  in  that 
box  and  at  that  election,  or  by  any  person  who  has  previously  voted  at 
such  election,  or  who  shall  in  any  way  knowingly  procure  any  disquali- 
fied person  to  vote,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof,  shall  be  punished  as  provided  for  in  Section  31  of 
this  Act. 

Penalty  f9r  any         Section  36.     Be  it  further  enacted,  etc.,  That  any  person  intrusted 

officer    acting    in      .   ,    ,  . 

contravention   or  with  the  performance  of  any  duty,    under  the  provisions  of  this   Act, 

Act  who,  after  he  shall  have  consented,  been  sworn  and  begun  to  perform 

the  same,  willfully  neglects  or  refuses  to  further  perform  such  duty,  or, 
who  shall  fraudulently  act  in  contravention  or  violation  of  any  of  the 
provisions  of  this  Act,  or  who^  performs  or  assists  in  any  act,  whether  in 
voting,  receiving  or  depositing  ballots,  or  caring  for  the  ballots  or  ballot 
boxes,  or  who  shall  willfully  miscall,  misread,  or  fail  to  call  or  read  the 
name  of  any  person  whose  name  is  voted  on  any  ballot,  or,  who  willfully 
enters  on  any  tally  sheet  a  greater  or  less  number  of  votes  for  any  per- 
son than  such  person  actually  received  with  intent  to  change  the  re- 
sult of  said  election,  or  to  impair  or  improve  the  chances  of  election  of 
any  candidate,  or  who  knowingly  permits  any  illegal  voting  or  fraud  in 
any  manner,  shall  be  deemed  guilty  of*a  misdemeanor,  and  upon  convic- 
tion thereof  shall  be  punished  as  provided  for  in  Section  31  of  this  Act. 

Penalty  for         Section  37.     Be  it  further  enacted,  ^etc.,  That  if  any  person  shall  at 

offering  to  give  or  any  pr j mary  electi on  herein  provided  for,   or  prior  thereto,  buy  or  sell 
receive  a  bribe. 

any  vote,  or  give  or  offer  to  give  anything  of  value,   or,    shall  in  any 

manner  intimidate  or  attempt  to  intimidate,  by  any  threat  or  promise,, 
for  the  purpose  of  influencing  any  voter  to  cast  his  vote  in  favor  of  any 
person  or  question,  or  against  any  person  or  question ;  or  if  any  person 
shall  at  such  election  for  any  pecuniary  consideration,  vote  or  offer  to  vote 
for  any  particular  person  or  question,  or  against  any  particular  person 
or  question,  or  in  the  real  or  supposed  interest  of  any  person  or  ques- 
tion, or,  if  any  person  shall,  at,  or  prior  to  such  election  give  or  receive 
a  bribe,  reward  or  promise,  which  is  given  or  received  with  the  view, 
intention  or  expectation  that  the  voter  will  be  influenced  thereby  to- 
cast  his  vote  in  any  particular  way,  whether  the  vote  be  cast  or  not,  or 
changed  thereby  or  not ;  or  if  any  person  shall  at  such  election  give  or 
receive  any  consideration  for  voting  or  refraining  from  voting,  such 
person  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  punished  as  provided  for  in  Section  31  of  this  Act. 

Penalty  for tam-         Section  38.     Be  it  further  enacted,  etc.,  That  any  person  who  know- 
8aUoU>ax!th     1G  ingly  hands  in  two  or  more  ballots  folded  together,   or  who  adds  or  at- 
tempts to  add  any  ballot  to  those  legally  and  fairly  polled,    either  by 
fraudulently  introducing  same  into  the   ballot  box  before  or  after  the 


19     •••   -....:  :    ».'  :\:  •::.'••. 

ballots  are  counted,  or  who  adds  to  or  mixes  with  the  ballots  lawfully 
cast,  other  ballots,  while  the  votes  are  being  counted  or  canvassed,  or  ac 
any  other  time,  or  at  any  time  abstracts  any  ballots  lawfully  and  fairly 
polled,  with  the  intention  to  change  the  result  of  such  election,  or  to 
change  the  count  thereat  in  favor  of  or  against  any  person  voted  for  at 
such  election,  or  carries  away  or  destroys  any  tally  sheets,  ballots  or 
ballot  boxes  for  the  purpose  of  affecting  the  returns,  or  of  breaking  up 
or  invalidating  such  election,  or,  who  willfully  detains,  mutilates  or 
destroys  any  such  election  returns,  or  in  any  manner  interferes  with  the 
officers  holding  such  election  or  conducting  the  canvass,  or  with  the 
voters  lawfully  exercising  their  right  of  voting  at  such  election  or  can- 
vass to  be  peaceably  held  and  fairly  conducted,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof,  shall  be  punished  as 
provid  ed  for  in  Section  31  of  this  Act. 

Section  39.     Be  it  further  enacted,  etc.,  That  any  person  who  forges    penalty   for 
or  counterfeits  returns  of  any  primary  election  purporting  to  have  been  ferfeulng  returns" 
held  at  a  precinct  or  designated  polling  place  where  no  election  was  in 
fact   held,  or  who  substitutes  forged  or  counterfeited  returns  of  a  pri- 
mary election  in  place  of  true  returns  where  an  election  was  actually 
held,  shall  be  deemed  guilty  of  a  misdemeanor,   and  upon  conviction 
thereof,  shall  be  punished  as  provided  for  in  Section  31  of  this  Act. 

Section  40.     Be  it  further  enacted,  etc.,  That  it  shall  be  unlawful    penalty  for  any 


for  any  person  or  persons  before  or  during  the  conduct  of  any  election  Saving  offlaba 
held  under  this  Act,  to  have  in  his  or  their  possession  any  official  ballot,  gion. 
and  any  one  found  in  possession  of  such  official  ballots,  except  the  proper 
legal  custodians  of  same,  shall  be  punished  as  provided  for  in  Section  31 
of  this  Act. 

Section  41.  Be  it  further  enacted,  etc.,  That  all  laws  or  parts  of 
laws  in  conflict  with  any  of  the  provisions  of  this  Act,  be  and  the  same 
are  hereby  repealed. 

J.  W.  HYAMS, 
Speaker  of  the  House  of  Representatives. 

J.  Y.  SANDERS, 

Lieutenant  Governor  and  President  of  the  Senate. 
Approved  June  29th,  1906. 

NEWTON  C.  BLANCHARD, 
Governor  of  the  State  of  Louisiana. 
A  true  copy  : 

JOHN  T.  MICHEL, 

Secretary  of  State. 


YC  0867 i 


